Filmmakers & ACLU strike back [[Hayward Brown)

[Sean Brown]

ACLU

Dear Mayor Bing & City Of Detroit:
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The crew of BUP Films, a small, Michigan-based film production company, was confronted on November 5, 2009 by a squadron of Detroit police who approached with drawn guns aimed squarely at the artists.~ The crew endured loud, profanity-laced threats and commands, handcuffing and frisks before they were charged with brandishing firearms- even though they carried only toy guns that were used as props for their film about the life of the late community activist Hayward Brown. The ACLU of Michigan intervened on behalf of these artists, and fortunately, the criminal charges were dismissed. As anyone might imagine, this experience caused the film crew immediate trauma and residual anxiety.~ The ACLU of Michigan is concerned because an experience of this kind has the potential to cause a chilling effect on freedom of artistic expression – a right guaranteed by the First Amendment.
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For its part, BUP Films regards the encounter with police as the end result of administrative deficiencies that must be corrected if future occurrences of this kind are to be avoided. Specifically, they contend that Detroit’s film office is fatally understaffed, and it is unreasonable to expect a single employee to conduct the operation efficiently-particularly if she also has other responsibilities unrelated to the film office. The consequences for BUP Films were that the company’s attempts to obtain permits to film in the city were marked by non-communication and miscommunication that caused misunderstanding. According to the company: phone calls and e-mails were not returned; an overview was never provided of how the permit application process works; the film office was confused about the scheduled dates for filming; notice was not provided that the permit was available for pick-up; and a single employee with multiple titles was charged with coordinating all film office operations. Most important however is the company’s contention that the appropriate police precinct was never notified of plans to film on location. It is this omission that may have been a significant cause of the police confrontation.
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By any standard, BUP Films was diligent in its efforts to work with the City. At the outset they went directly to police precincts that have jurisdiction over areas where they planned to film. There the company was told permits should be sought from the City’s central administrative offices. The company then consulted with both the Detroit City Council and the Office of the Mayor before being directed to the film office. Thereafter, the company encountered the administrative difficulties described above. The company claims they never received notice of how or when to pick up their film permit, but they did hear by phone that their application had been approved. The company then incorrectly assumed there would be no problems if they proceeded with their production.
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The First Amendment protects a broad range of expressive activity. Filmmaking is clearly protected and government cannot interfere with filmmaking activities in ways that are legally impermissible. [[See: Burstyn, Inc. v. Wilson, 343 U.S. 495 [[1952).)~ BUP Films’ efforts to produce a motion picture became a virtual nightmare of bureaucratic chaos and an unnecessary, terrifying encounter with police. The First Amendment requires that artists be allowed to express themselves without government creating obstacles and challenges that have the potential to derail artistic projects. It is not suggested here that there is currently a “law� [[ordinance) that has in some way abridged the artists’ constitutional rights.~ But if in the practical administration of government functions there are errors and problems that cause unintended consequences that are in the nature of constitutional violations, it is only reasonable to expect that conscientious City leaders will act aggressively to find a remedy.
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In the weeks and months to come, BUP Films, out of a sense of responsibility to the film industry, will be engaged in discussions with City leaders about how to reform film office practices and procedures that have a detrimental impact on those who attempt to exercise their First Amendment rights in Detroit. The ACLU of Michigan sincerely hopes that you will in every way endorse and facilitate these discussions and any consequent remedial measures that might be recommended.




September 3, 2010
VIGILANTE the Hayward Brown story
starring Clifton Powell & Sean Brown

In theaters
www.bupfilms.net or facebook.com/bupfilmsinc for more info~

[Meddle]

Where's the poll option to make you go away?

[mikefmich]

Hayward Brown is now a community activist????
Activist my ass.......gimme a fooken break.

Talk about revisionist history. You might fly with that crape in a crowd of people who are new to the area or younger, but for anyone who was at least a young adult in that era....I gotta laugh, I really do.